Bill of Implementation for Regulating the Services Provided for Umra Performers and Visitors of The Prophet’s Holy Mosque Coming from Outside Saudi Arabia

Chapter One :Definitions

Article One:

The following terms occurring in this Bill shall have the meanings indicated opposite each of them unless the context requires otherwise. Words in the singular shall also have plural meaning wherever the context so requires, and vice-versa.

1- Kingdom: Kingdom of Saudi Arabia.

2- Regulation: The regulation of the services provided for Umra performers and visitors of the Prophet’s Holy Mosque, coming from outside the Kingdom, issued by virtue of the Council of Ministers’ Resolution No. 93, dated 10/6/1420H.

3- Ministry: The Ministry of Haj (Pilgrimage).

4- Mission: Embassy or Consulate of the Custodian of the Two Holy Mosques.

5- Umra Performers: Persons coming from outside the Kingdom of Saudi Arabia for performing Umra rites and visiting the Prophet’s Holy Mosque.

6- The Licensee: Any Saudi establishment or company of whatever legal entity that is licensed to provide services to Umra Performers as indicated in the commercial register of such establishment or company.

7- The Manager in charge: The manager in charge of the Saudi establishment or company that applies for a license to provide services to Umra performers, as indicated in the commercial register of such establishment or company.

8- Branch offices: the offices the licensee should have in both Makkah Al-Mukarramah, Al-Madinah Al-Mounawarah and Jeddah, pursuant to paragraph (3) of Article three of the Regulations.

9- Foreign Establishment: Any establishment, body, bureau or travel company officially licensed in other states to organize travel and tourist trips outside these states.

10- Services Contract: the contract executed by the licensee and the foreign establishment.

11- Official Authority: any ministry, government department or public establishment in the Kingdom of Saudi Arabia.

12- List of Approved Service Standards: the detailed list of the standards of services provided for Umra performers, their types, degrees, specifications and prices of each, which are referred to under clause (3) of Article Five of the Regulations.

13- The Committee: The standing Committee referred to under Article Eight of the Regulations.

14- Defendant: The party against whom a complaint is lodged with the Committee, pursuant to the provisions of the Regulations and of this Bill.

Chapter Two: Procedures for Obtaining a License and Conditions thereof

Article two:

Following are requirements to be satisfied and documents to be produced for obtaining a license to provide Umra services:

1- The applicant establishment must be a sole proprietorship or a company formed pursuant to Companies Regulations. An official document issued by the Ministry of Commerce must be produced indicating that the capital of the establishment is wholly Saudi owned and that it is not less than five hundred thousand Riayls.

2- An unconditional firm bank guarantee in the sum of two hundred thousand Riyals issued by a local bank approved by the Saudi Arabian Monetary Agency. The guarantee must be valid throughout the license period and shall be automatically renewed with the renewal of the license. It may not be revoked except with the prior written consent of the Ministry.

3- A copy of the establishment’s commercial registers if the applicant is an establishment.

4- A copy of the company’s articles of association and its amendment annexes, if the applicant is a company, together with a copy of the commercial register.

5- The activity pertaining to Umrah performers’ services is to be added to the commercial register of the applicant pursuant to a referral from the Ministry to the Ministry of Commerce.

6- A copy of the civil status card of the manager in charge and of the mangers of the branch offices.

7- A copy of a certificate evidencing absence of convictions, for the managers of branch offices and for the owner of a sole proprietorship, if the applicant establishment is a sole proprietorship.

8- The managerial organizational structure of the business pertaining to Umra services according to the requirements stipulated by the Ministry.

9- A sketch showing the location of branch offices in Makkah Al-Mukarramah, Al-Madinah Al-Munawarah and Jeddah.

10- Copies of the lease contracts or copies of the title deeds of branch offices.

11- Computers and software must be available according to the Ministry requirements and the licensee’s network must be linked with the Ministry’s network so as to ensure automatic transmission of the information required in this list from the licensee’s network to the Ministry’s network.

12- The license application form prepared by the Ministry, must be filled out which form is to be signed by the manager in charge.

13- Approval of the Minister of Haj.

Article Three:

The originals of the documents indicated in the previous Article shall be produced for conforming same with the copies thereof which are submitted with the license application. After confirming the conformity of the documents the Ministry’s competent staff shall annotate the copy as a true copy of the original.

Article Four:

If the sole proprietorship that applies for a license is owned by a woman, it must have a Saudi agent vested with powers that authorize him to take and follow up steps for obtaining the license and for representing it before the Ministry and third parties. He shall also be responsible for managing the services provided to Umra performers.

Article Five:

The manager in charge, the managers of branch offices and the supervisors of the services should be Saudis of good manners and conduct none of them should have been convicted of a crime related to the disturbance of security or sentenced to a Shar’ah punishment or one that is meted out in public for a crime involving a breach of honor or trust that is recorded in the previous conviction certificate, unless he has been rehabilitated.

Article Six:

An establishment or company applying for a license must have, in addition to its head office, a special branch office for providing services to Umra performers in Makkah Al-Mukarramah, Al-Madinah Al-Munawarah and Jeddah. The office shall be:

1- In an area appropriate for provision of Umra services and shall be easy to locate.

2- In accordance with the instructions announced by the Ministry in terms of its total area, its furniture and furnishings, technical and architectural specifications and external appearance.

Article Seven:

The manager in charge may also be the manager of the branch office in the same city wherein the head office of the establishment or company is located.

Article Eight:

In case of termination or expiry of the services of the manager in charge or of the manager of a licensed branch office, a new manager shall be appointed, provided that he shall satisfy the conditions indicated in this Bill, within a maximum of sixty days of the date of the position falling vacant. The Ministry shall be notified of the name of the new manager after a maximum of three days of the registration of his name in the commercial register.

Article Nine:

Each licensee shall file with the Ministry a statement containing the names of the staff working at each branch office, their nationalities, type of work, copies of their identification documents and work permits, within thirty days of his obtaining the license. He shall also notify the Ministry of any changes affecting said statement, within three days of the date of the change.

Article Ten:

A licensee must notify the Ministry of his elected domicile, and of any change affecting his address, at least fifteen days before the change. Failure to notify the Ministry within the period designated herein shall entail that all notifications and communications sent to the address of his elected domicile filed with the Ministry shall be considered valid and effective, this being without prejudice to any penalty imposed pursuant to Article Seven of the Regulations.

Article Eleven:

1- A licensee should himself provide the service for performers of Umra and may not assign his license to a third party.

2- In case the licensed establishment or company is sold or merged in another company, the license may not be amended unless the buyer or the merging company satisfies the terms and conditions set forth in this Bill.

Article Twelve:

The Ministry shall prepare a special register for licensees wherein the following data shall be recorded:

1- Name of licensee and number and date of his commercial register.

2- Head office and full address of the licensee.

3- The location and address of the branch offices.

4- Number and date of license.

5- Names of the staff, including the name of the manager in charge and the names of the mangers of the branch offices.

6- The number and date of the bank guarantee submitted by the licensee and the name of the bank that issued the guarantee.

7- The penalties imposed on the licensee.

Article Thirteen:

New license applications may be suspended by virtue of a decision issued by the Minister of Haj, if the Ministry finds at any time that the country does not need same.

Chapter Three: Renewalor Cancellation of License

Article Fourteen:

The license term is for five renewable years. The license shall be considered as having expired with the expiry of the term thereof unless it is renewed.

Article Fifteen:

A licensee should apply to the Ministry for renewal of his license at least thirty days prior to the expiry date of his license. In all cases the following must be satisfied for renewal of the license:

1- Satisfaction of all the conditions in force that are required for issuing the license.

2- Payment of all fines that may have been imposed on the licensee for violating the terms and conditions set forth in the Regulations and the Bill.

Article Sixteen:

A license shall be considered null and void in the following cases:

1- Decease or loss of capacity of the owner of a sole proprietorship if the license is issued in the name of the sole proprietorship.

2- Liquidation or declaration of bankruptcy of the company if the license is issued in the name of the company.

The manager in charge or the heirs of the sole proprietorship, their guardians or liquidators, shall inform the Ministry of such cases within thirty days of the occurrence thereof.

The license may also be cancelled forby the Minister of Haj for a substantiated reason in the following cases:

1- Cancellation pursuant to the provision of Article Seven of the Regulations.

2- If the licensee assigns the license.

3- If the license is not amended pursuant to the provision of Article Eleven of this Bill.

4- If the licensee does not commence providing Umra services within one year of obtaining the license.

5- If the licensee discontinues the provision of Umra services for one full year, unless there are justifications acceptable to the Ministry, in which case an additional period not exceeding six month shall be granted to the licensee. If the said additional period expires without resumption of the activity the license shall be cancelled.

6- If the licensee no longer satisfies a requisite condition for obtaining the license pursuant to the provisions of the Regulations and of this Bill.

Chapter Four: Procedures for the Arrival of Umrah Performers

Article Seventeen:

In order to obtain an Umrah visa, the application should be submitted to the Mission through the foreign parties under contract with the licensees after satisfying the following conditions:

1- The health stipulations issued by the Ministry of Health in the Kingdom should be satisfied.

2- A return ticket with confirmed reservation.

3- A bank cheque issued by a bank approved by the Saudi Arabian Monetary Agency for every Umrah performers covering all the fees to which the licensee is entitled including the rent for the Umrah performer’s accommodation, transport and other services which he chooses as per the standard agreed upon and pursuant to the standard of service approved. As an exception it shall be permissible in group tours to accept one cheque in the value of all the amounts required of each individual of the group tour, or payment may be made through the foreign party in the State from which the Umrah performers come, and in all cases the said party shall submit the passports to the Mission together with evidence that the amount to which the licensee is entitled has been transferred.

Article Eighteen:

Political personalities are exempted from the conditions contained in article seventeen. It shall also be permissible for the heads of diplomatic missions abroad to exempt Islamic personalities and those personalities which have a special social status from all or some of such conditions.

Article Nineteen:

Linkage to or seeking the assistance of any of the licensee for rendering Umrah services to those who desire to perform Umrah or to visit the Holy Mosque of the Prophet from the following categories, is not required:

1- Guests of the government.

2- Students, information, cultural or official athletic delegations and the like.

3- Those arriving in the Kingdom on visit visas.

The personalities and the categories mentioned in this article and Article Seventeen of this Bill may link with or may seek the services of one of the licensees should they so wish.

Article Twenty:

The Mission shall determine the name of the licensee in the entry visa after satisfaction of the condition for obtaining same.

Chapter Five: Relationship between the Licensee and the Foreign Parties

Article Twenty One:

In order to organize, arrange and operate Umrah journeys, whether individual or group trips, pursuant to the provisions of the Regulations and of this Bill, every licensee should conclude a contract with a foreign party to act as its agent in order to represent him and to act on his behalf in concluding the contract with Umrah performers and to render all the services to the Umrah performers upon their arrival into the Kingdom.

Article Twenty Two:

The two parties to the services contract may organize their contractual relationship pursuant to mutually agreed terms and conditions provided that the contract shall include the following:
 
1- Respect of the laws and regulations prevalent in the Kingdom.

2- The foreign party should execute the programs of the Umrah trips accurately and punctually, whether such are individual or group trips and should obligate the licensee to render the services inside the Kingdom pursuant to the required accuracy and standard.

3- The foreign party should submit a firm and unconditional bank guarantee from a bank approved in the State to which it belongs and acceptable to the Saudi Arabian Monetary Agency in favor of licensee in an amount that is not less than one hundred thousand Saudi Riyals (SR. 100,000). This guarantee shall remain valid throughout the period of the contract and shall be renewable when the contract period has been renewed.

4- Disputes arising between the two parties in connection with the construction or implementation of the contract which cannot be resolved amicably, shall be referred to the competent judicial authority in the Kingdom or to arbitration pursuant to the provisions of the Arbitration Law in the Kingdom and the Bill of Implementation thereof.

5- The contract, the construction and execution thereof shall be subject to the provisions of the laws and regulations of the Kingdom, and the two parties to the services contract shall use the model contract prepared by the government as a guide.

6- For the contract to be valid, it is stipulated that it should be registered with and legalized by the Ministry.

Article Twenty Three:

The licensee shall be directly responsible vis-a-vis the Umrah performers for breach of his obligations pursuant to the provisions of the contract concluded with the Umrah performers.

Article Twenty Four:

A licensee may not conclude a contract with a foreign party that is under contract with another licensee.

Article Twenty Five:

The licensee should immediately upon termination of the contract concluded with the foreign party or upon ceasing to deal with it shall inform the Ministry and the Mission in the State to which the foreign party belongs, in writing.

Article Twenty Six:

The services contract should be concluded in three counterparts attested by the competent authorities in the State to which the foreign party belongs and by the Mission in that State and the Ministry of Foreign Affairs in the Kingdom, which counterpart shall then be submitted to the Ministry for review, registration and legalization of same pursuant to the provisions of Article 4/4 of the Regulations.

Article Twenty Seven:

If the services contract is concluded with a foreign party belonging to a non-Arab State then the contract shall be executed in Arabic and in the official language of the State to which that party belongs or in English. In the event of a discrepancy or contradiction between the Arabic version and a foreign version, the Arabic version shall prevail.

Article Twenty Eight:

When the two parties to the services contract have agreed to introduce any amendment to the said contract, the legalized copy registered with the Ministry should be amended pursuant to the same procedures provided for in this Bill.

Chapter Six: Standard of Service and Obligations of Licensee

Article Twenty Nine:

The Minister of Haj shall issue a resolution approving the list relating to the standard of services, the kinds, the levels and the specifications thereof as well as the prices of each one of them after preparing same in agreement with the Ministry of Commerce and after approval thereof by the Minister of Interior. This list shall be regarded an integral part of this Bill.

The list shall be revised once every three years, or whenever the need arises, by a committee consisting of representatives from the Ministry of Interior, the Ministry of Commerce and the Ministry of Haj, which committee shall submit its recommendations to the Minister of Haj who shall issue any amendments he deems necessary by virtue of a resolution passed by him following the approval of the Minister of the Interior.

Article Thirty:

Each licensee undertakes to serve the Umrah performers faithfully and sincerely and in accordance with the provisions of the Regulations and the Bill of Implementation thereof and pursuant to the standard of service agreed upon. The licensee further undertakes to receive the Umrah performers at the airports, seaports and arrival terminals, to welcome and transport them and their personal belongings to their accommodations and to ensure their comfort throughout the period of their stay in accordance with the arrangements agreed upon.

Article Thirty One:

The licensee shall at the appropriate time confirm the return reservations of Umrah performers within the period indicated in the visa and if an Umrah performer loses the return ticket prior to handing it over then the licensee shall help him obtain one in lieu of the lost one from the agent of the carrier company which issued the ticket. If it is impossible to obtain one in lieu of the lost one for any reason whatsoever and if the Umrah performer does not have enough money to buy another, then the licensee should in such case provide the Umrah performer with a return ticket and should then claim its value from the foreign party.

Article Thirty Two:

1- The licensee undertakes to maintain computerized records which shall be automatically transmitted pursuant to the provisions of paragraph 11 of Article 2 of this Bill which shall contain all particulars about Umrah performers: their names, nationalities, ages, sex, travel tickets and the numbers thereof, the dates of their arrival and departure, the number of their passports, the means of transportation, the name of the carrier and its agent and their accommodation in Makkah Al-Mukarramah, Al-Madinah Al-Munawarah and Jeddah as well as the person responsible for the land trips and the standard of the services required for them.

2- The licensee undertakes to obtain a statement certified by the Passport Department containing the basic particulars of the Umrah performers whom he serves, which statement shall be handed over to the Ministry within a period not exceeding 24 hours of their arrival.

Article Thirty Three:

The licensee undertakes to provide the Ministry with a statement containing the names and locations of hotels and furnished apartments with which it had concluded contracts for the execution of its obligations vis-a-vis the Umrah performers, and also undertakes to provide the Ministry with any amendments that may occur in this respect.

Article Thirty Four:

The licensee undertakes to retain the return tickets of the Umrah performers and copies of their passports until the time fixed for departure and to repatriate the Umrah performers following the expiration of their period of stay in the Kingdom and shall present a manifest of those departing certified by the Passport Department of the departure outlets to the Ministry within 24 hours of their departure.

Article Thirty Five:

In case any Umrah performer fails to return on the date fixed for his return for a legitimate excuse such as illness or the like, the licensee should inform the Ministry of Haj of that so that it may inform the Passport Department of the reason of the failure of the Umrah performer to return on time and of the new date for his departure.

Article Thirty Six:

In case any Umrah performer fails to return on the date fixed for his return for no legitimate excuse, the licensee should inform the Ministry of Pilgrimage, the Police and the Passport Department of same so that they may search for him, and a copy of the passport and ticket should be kept with the licensee for one month from the date originally fixed for the departure of the Umrah performer and in case he is not found, the ticket and a copy of the passport shall be sent to the Ministry for further dispatch by the Ministry to the Passport Department.

Article Thirty Seven:

The passport department may grant transit passengers, whose period of stay at the King Abdul Aziz International Airport or the Prince Muhammad Bin Abdul Aziz Airport in Madinah or the Jeddah Islamic Seaport exceeds 24 hours, an entry visa for Umrah or for visiting the Holy Mosque of the Prophet after they produce evidence of confirmed reservation to the destination they would leave to and a contract with one of the licensees.

Article Thirty Eight:

The licensee undertakes to inform the nearest health center should any of the Umrah performers to whom he renders services, contract an illness which is suspected to be a contagious disease and should also help the Umrah performer to approach a hospital or health center for necessary treatment. Should the Umrah performer fail to approach a hospital or health center because of his ill health, the licensee should bring a doctor to where the Umrah performer is staying at his own expense.

Article Thirty Nine:

The licensee undertakes to inform the Ministry, Bail-ul-Maal, the Police and the Passports Department of the name of any deceased Umrah performer to whom he renders services, stating his nationality, age, passport number, and the money and other belonging in his possession and indicating the place and cause of death. He shall also obtain a death certificate and take the necessary measures regarding his burial in the Kingdom or for repatriation of his body to his country pursuant to the legal procedures followed in this respect.

Chapter Seven: Movement of the Umrah Performers inside the Kingdom

Article Forty:

Without prejudice to the standard of service agreed upon, it shall not be permissible to transport Umrah performers within the Kingdom except by one of the following means of transport belonging to one of the following parties:

1- Saudi Arabian Airlines General Corporation.

2- Saudi Arabian Public Transport Company.

3- Pilgrims Transport Companies.

4- Limousines (Taxis) licensed by the Ministry of Communications for transport of passengers between the cities of the Kingdom.

5- Licensee’s means of transport.

The licensee undertakes to conclude an agreement with one of the said transport parties providing that the transportation of Umrah performance falls within the framework of their service pursuant to the list of service standards.

Article Forty One:

It shall be permissible for Umrah performers to move in all of the areas of the Kingdom subject to the following rules:

1- That the movement shall take place within the period stay granted to the Umrah performers indicated in the visa after the licensee has obtained a permission from the Passports Department indicating the places of travel and the travel time within which he may travel.

2- The licensee’s undertaking to provide the means of transport and accommodation.

3- Ascertaining that the Umrah performers have returned round trip reservation.

4- The licensee undertakes to inform the Passports Department within 24 hours should an Umrah performer fails to return on the date indicated in the travel permit.

Chapter Eight: Committee to Consider Complaints of Umrah Performers

Article Forty Two:

A standing Committee shall be formed by virtue of a Resolution passed by the Minister of Haj to consider complaints and violations reported by Umrah performers, which Committee shall consist of representatives of the Ministry of Interior, Ministry of Commerce and the Ministry of Haj provided that there shall be stated in the Resolution the name of the Committee member, the name of his deputy, in case of his absence. One of the Committee members and his deputy should hold a Shari’ah degree. One of the Committee members shall be nominated Chairman in the same Resolution and the Committee shall have its own secretary to be selected by the Minister of Haj from among the Ministry’s staff.

Article Forty Three:

The Ministry shall set up several offices to receive complaints filed by the Umrah performers in order to consider and document same, and shall try to settle the dispute amicably between the two parties before submitting them to the Committee.

Article Forty Four:

The Committee shall be competent to consider the complaints filed by Umrah performers and the violations reported by the official authorities against one of the licensees, to investigate same, to recommend the imposition of one of the penalties provided for under Article 7 of the Regulations and shall fix the cost of the services which the licensee failed to render to the Umrah performers, provided that the Ministry shall collect and return same to him.

Article Forty Five:

Should the licensee violate any of the obligations prescribed in the Regulations and this Bill, the official authorities concerned shall approach the Committee requesting the imposition of one or more of the penalties provided for in Article 7 of the Regulations.

Article Forty Six:

The meeting of the Committee shall be valid only if attended by the majority of the members, including the Chairman of the Committee or whomever he deputizes. The recommendations of the Committee shall be passed with the majority vote of its members and should there be a tie then the Chairman shall have the casting vote. However, all the recommendations should be substantiated and should be signed by all the members present. Any dissenting member must show his view in the minutes of the meeting.

Article Forty Seven:

After reviewing the recommendations submitted by the Committee, the Minister of Haj may pass a resolution containing one or more of the penalties of those provided for under Article 7 of the Regulations which he deems fit. The person concerned may lodge a grievance against the penalty resolution before the Board of Grievances within sixty days of the date of notification of same and the decision of the Board of Grievances shall be regarded as final.

Article Forty Eight:

The Chairman of the Committee shall supervise the Committee’s activities, fix the dates of the meetings and shall distribute work between himself and the Committee’s members.

Article Forty Nine:

1- The competent parties shall be notified of the date fixed to consider the complaint or violation, at least seven days prior to that date provided that the notification shall contain a statement of the nature of the complaint or violation. The defendant shall be summoned to appear personally or to delegate someone to represent him legally for hearing statements and for him to produce whatever documents he may have. The Committee shall consider the complaint or violation expeditiously.

2- The subject matter of the complaint should be decided upon within a period not exceeding thirty days of the date of the filing thereof.

3- Subject to the provisions of Article 45 of this Bill it is not stipulated for continuing to consider the complaint that the Umrah performer remain after expiry of his period of stay. However, it shall be permissible for him, during his stay, to attend the meetings and he shall have the right to appoint one to represent him if he so desires.

Article Fifty:

The competent parties shall be notified of the date fixed for considering the complaint or violation by means of a letter delivered by hand, telegraphically, by registered mail, by Al-Barid Al-Mumtaz, by fax or by electronic mail. The absence of the defendant shall not preclude proceeding with consideration of the complaint or the violation.

Article Fifty One:

The defendant shall be notified of the decision of the Minster of Haj regarding the penalty by registered mail to the address communicated to the Ministry or to the address chosen by him during the consideration of the complaint or violation.

Chapter Nine: Final Provisions

Article Fifty Two:

1- The bank guarantee presented by the licensee under these Regulations and this Bill shall be used for satisfaction of the penalties imposed against him by virtue of the Regulations and the Bill and also for satisfaction of the financial rights due to those dealing with the licensee regarding the Umrah services.

2- If the guarantee is reduced because of the satisfaction of the penalties and the said rights, the licensee should augment the guarantee within ten days of the day of his notification of same, otherwise, the Minister of Haj shall have the right to cancel his license.

3- The guarantee should be released if the license is canceled or if it expires without being renewed unless there are other financial obligations that are due.

Article Fifty Three:

The amounts of fines and of the rights referred to under Article Fifty Three shall not be deducted from the bank guarantee except after the licensee has refused to pay within seven days of the date of his notification of paying the amount due.

Article Fifty Four:

The amounts due to the State under the provisions of the Regulations and this Bill shall be regarded as preferential debts and shall be collected pursuant to the State Funds Collection Law.

Article Fifty Five:

The Licensees should enable the competent staff of the Ministry to perform the duties assigned to them under the Regulations and this Bill, including inspections of the offices of the licensee and the accommodations of the Umrah performers, the means of transports and other service facilities. These employees shall have the power of issuing preliminary determination and submit reports with regard to the execution of the provisions of the Regulations and this Bill and the establishment of violations of the provisions thereof or of the resolutions passed in implementation thereof.

Article Fifty Six:

The Ministry shall have the right to refuse the registration and legalization of any contract concluded by the licensee with any other foreign party if latter breaches any of its contractual obligations.

Article Fifty Seven:

The Ministry shall be the competent authority to apply the provisions of these Regulations and this Bill and to issue the necessary administrative resolutions.

Article Fifty Eight:

The Minister of Haj shall have the right to amend these Regulations in agreement with the Minister of Interior.

Article Fifty Nine:

These Regulations and this Bill shall come into effect ninety days after the date of the issue thereof pursuant to the provisions of Article Fourteen of these Regulations.